Apply for the Green Card in the Embassy of the United States overseas.
What is Consular Processing? The guide to application and interview for an Immigrant Visa or Green Card in the U.S. Embassy overseas.
Consular processing is an approach people not in the United States use to request a green card or immigrant visa. A person must apply from either their home country or where they live through the U.S. embassy/consulate.
Consular processing is vital for those who cannot change their status while in America, thus making it possible for them to gain permanent legal residency. It will highlight the eligibility criteria and procedures, documents needed, and interview and post-interview processes.
History
Consular processing has been a part of U.S. immigration processes for many years and has, therefore, evolved to keep pace with growing and shifting immigrant requirements.
Consular processing was once the first method through which immigrants might petition for admission to the United States. With the establishment of the USCIS, and thus the adjustment of the status process, consular processing remained one of the options through which a Green Card could be obtained.
Eligibility for Consular Processing
The type of immigrant petition filed on behalf of an alien will dictate their eligibility for consular processing. The various categories under which one might be eligible to immigrate include family-based, employment-based, special immigrant categories, and humanitarian programs.
Family-Based Petitions
Family-based immigration is sponsoring a family member for immigration into the United States by a U.S. citizen or lawful permanent resident. Petition/ Sponsor files form I-130, Petition for Alien Relative, with USCIS.
That must be proven by presenting the relationship through a birth certificate, marriage certificate, or other document that may serve this purpose on the part of the petitioner. Family-based categories include:
Immediate Relatives of U.S. Citizens : This includes spouses, unmarried children under 21 years, and parents of U.S. citizens.
Family Preference Categories : These include unmarried sons and daughters over 21 of U.S. citizens, spouses and children of lawful permanent residents, married sons and daughters of U.S. citizens, and siblings of U.S. citizens.
Employment-Based Petitions
Employment-based immigration is the process through which U.S. employers sponsor foreign workers for permanent residency. These petitions are filed by employers using Form I-140, Petition for Alien Worker, submitted to USCIS.
Each category has its requirements regarding education, work experience, and sometimes labor certification from the Department of Labor. That involves the following employment-based preference categories:
First Preference : EB-1 priority workers, including persons of extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.
Second Preference : EB-2 Professionals holding advanced degrees and persons of exceptional ability.
Third Preference : EB-3 Skilled workers, professionals, and other workers.
Fourth Preference : EB-4 Special immigrants. That includes religious workers and some other classes like "S nonimmigrants."
Fifth Preference : EB-5 immigrant investors who have to invest in a business that creates jobs here in the United States.
Special Immigrant Categories
Special immigrant categories encompass a broad spectrum of particular situations. Most are filed on Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. The following categories have unique considerations.
Their categories include religious workers who enter the United States to work in a religious vocation or occupation. They must have a job offer from a religious organization in the United States and meet other specified requirements.
Juvenile Immigrants : These are children declared dependent by a juvenile court and eligible for Special Immigrant Juvenile status (SIJS), which allows them to become permanent residents if they are abused, abandoned, or neglected.
International Organization Employees : This applies to certain staff members of international organizations and their family members; they must have worked in an eligible organization and meet several other requirements identified in the immigration laws.
Members of the Armed Forces : Members of the United States armed forces who are nationals of a foreign country. Their service must have been honorable, and they must also meet other requirements for special immigrant status.
Widows and Widowers : Surviving spouses of a U.S. citizen who died within the last two years. They must have been married to a U.S. citizen when the U.S. citizen died and also meet other eligibility criteria.
Humanitarian Programs
Humanitarian programs provide immigration relief to those who are persecution victims, victims of crime or human trafficking, and other humanitarian grounds.
In most programs, specific requirements or procedures differ from the normal immigrant petition process. Some humanitarian programs available include:
Refugees and Asylees : Individuals granted refugee or asylum status based on a well-founded fear of persecution in their country.
Victims of Crime : A person who is a victim of certain crimes and may be eligible for a U visa or a victim of human trafficking and may be eligible for a T visa.
TPS : Nationals from countries affected by an armed conflict, a natural disaster, or other extraordinary and temporary conditions.
Steps for Consular Processing
From the determination of eligibility to the issuance of the immigrant visa, the steps for consular processing all hold a significant place. Each step needs to be precisely taken on time.
Determine Your Basis to Immigrate
The initial step of consular processing is determining the basis of your immigration. That can be through family, employment, special categories, or humanitarian programs. Eligibility must be understood so the applicant follows the proper procedures and sends suitable forms.
File the Immigrant Petition
After determining your visa eligibility, the next step is to file an appropriate immigrant petition. The petition must be filed with USCIS by your family member, employer, or, in some cases, by yourself. USCIS will then check the petition for completeness and sufficiency.
That may take several months or more, based on the kind of petition involved and current processing times. Required forms are broken down below.
Family-based petitions : Form I-130, Petition for Alien Relative, filed by a U.S. citizen or lawful permanent resident relative.
Employment-based petitions : Form I-140, Petition for Alien Worker, filed by the U.S. employer.
Special Categories : Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, filed by or on behalf of the applicant.
Humanitarian programs require different forms depending on the specific program.
Wait for Petition Approval
After you file your petition, you must wait patiently for it to be approved by USCIS. Once approved, your petition gets forwarded to the Department of State National Visa Center (NVC). The NVC is central to the consular processing process because it handles the pre-interview process.
National Visa Center (NVC) Process
When NVC receives an approved petition, it establishes that the consular processing is initiated. When the visa petition is received, and an immigrant visa number becomes available, the NVC will definitively send a notification to the petition and the applicant. The following happens at this stage:
Notification by sending a notice to the petitioner and the beneficiary, indicating that the petition has been received and specifying the next steps.
Fee and Document Submission : You will now be required to pay the visa application fees as charged and present all your supporting documents in the visa application process. These documents typically include:
Visa Interview Preparation
You will be scheduled for a visa interview at the consular office when your visa number becomes current. Such an interview, the outcome of which will determine whether or not you will be granted an immigrant visa, is very important to prepare for.
Scheduling the Interview : The U.S. embassy or consulate will contact you to schedule an interview. You will be informed of the date, time, location, and what to have with you during your interview.
Gather Required Documentation : Ensure that the required documents are in order before attending the interview. Required documents will include:
Medical Examination : You must undergo a medical examination by a civil surgeon who has been certified by the U.S. Embassy or Consulate, is required. The results will be placed in a sealed envelope and taken with you to the interview.
The Visa Interview
The visa interview is one of the steps in consular processing. Conducted by a consular officer in a U.S. embassy or consulate, this will result in a decision regarding your admissibility for an immigrant visa.
Attend the Interview : Go to the United States Embassy or Consulate on your interview date. Plan on arriving early, but be prepared.
Interview Process : The consular officer will review your application and documents with you during the interview. You'll then be asked questions about your background, relationship with the petitioner, if applicable, intentions in the U.S., and many other things. That is where honesty and accuracy in your answers are essential.
Decision : The consular officer will decide based on your interview and documentation. Instructions on the next steps will be given if approved.
Common Challenges in Consular Processing
Consular processing may be complex and could be more complicated for applicants. The common issues related to variable processing time, sometimes very long, are mainly if further documentation or administrative processing is necessary.
Applicants must ensure that all documents they provide are accurate and complete, which can delay or even deny an application.
Language barriers and different local procedures at the U.S. embassy or consulate being used may further complicate the matter.
These challenges can, however, be effectively navigated if one remains well informed and prepared to do so, apart from seeking professional help where necessary.
Importance of Keeping Records
Keeping an accurate and complete record every step of the way through consular processing is very important. Obtain a copy of each form submitted, receipts for all fees paid, and all correspondence exchanged with USCIS, the NVC, or the U.S. embassy or consulate.
Doing this enables the applicant to respond quickly to any request for evidence and indicates, at a glance, what steps have been taken so far.
Such organized records will be helpful if there are discrepancies and the case may need to be reviewed or appealed. Very meticulous records will, therefore, ease the process and avoid unnecessary complications for an applicant.
Post-Interview Process
After the successful visa interview, here are a few last steps to take before you can enter the U.S. as a permanent resident.
Receiving the Visa
If your visa is granted, you will be given an immigrant visa. In most cases, it will have been put in your passport. In addition to the visa, you will also be given a sealed packet of documents, known as the "Visa Packet." Do not open this packet. When you arrive in the United States, you must give it to the U.S. Customs and Border Protection officer.
Entering the United States
The USCIS immigrant fee must be paid online before your travel to the U.S. That will process your immigrant visa packet and make a Green Card. Upon arrival in the United States, you will present your visa and the sealed packet to the CBP Officer at your port of entry. The officer shall inspect the documents and decide if you can be admitted as a lawful permanent resident.
Receiving Your Green Card
When you are admitted to the U.S. as a permanent resident, USCIS will mail your Green Card to your provided address. If you paid the USCIS Immigrant Fee, you should receive your Green Card within 90 days of arriving in the United States. If it doesn't come within that time, contact USCIS for assistance.
Special Considerations
Changes in your situation can significantly impact the processing of your visa. Letting the NVC or the consulate know when this happens can be very important, so reporting changes promptly is critical.
Change of the Address
In case of a change of address, immediately notify the NVC or consulate. Any change in your address may cause delays in receiving essential notifications, like an interview appointment or a request for documents that may be time-barred.
Turning 21
If you were under 21 years old when the petition was filed, but now you're over 21, this could render you ineligible for other visa categories, particularly those under the Child Status Protection Act. You would have to call or meet with the NVC or the consulate to discuss this impact on your application.
Change in Marital Status
Changes to marital status, including marriage or divorce, may alter your eligibility or the visa category for which you apply. That is especially true when your application is based on a relationship with a U.S. citizen or lawful permanent resident.
Keeping the NVC or consulate informed will update your case with current circumstances and prevent unnecessary delay or complication. What's more, changes first have to be reported promptly with backing documentation.
Professional Assistance
The immigration process into the United States of America is highly complicated, and no two cases are alike. You could help guide your application for a visa to the United States with the advice of an immigration attorney.
Frequently Asked Questions (FAQ's)
What documents are required for the visa interview in consular processing?
Among other documents, you shall need a valid passport, certificates of birth and marriage, police certificates, medical examination reports, visa application forms (for example, DS-260), and financial documents that prove you will not become a public charge in the United States.
How long does the consular processing take?
The time it takes for consular processing varies on the type of petition and specific circumstances of each case and generally can range from a few months to over a year. These are often delayed when further documentation or administrative processing is required.
What happens if my visa application is denied during the consular interview?
If denied, the consular officer will provide a reason. You could correct such problems, and if the denial was based on fixable errors or missing documentation, you could address them or reapply for a visa.
Can I appeal a consular officer's decision on my visa application?
No, consular decisions are generally final and cannot be appealed. You may, however, reapply for a visa by showing the reasons for such denial and submitting any additional required documentation.
WARNING: The foregoing is an article discussing legal issues. It is not intended to be a substitute for legal advice. We recommend that you get competent legal advice specific to your case.
Resources / Helpful Links:
Questions about the subject?
Request a consultation today
